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McGOW v. McCURRY

Nos. 04-14368, 04-14457.

412 F.3d 1207 (2005)

John Michael McGOW, Plaintiff, v. Billy Joe McCURRY, Defendant, Allstate Indemnity Company, Movant-Appellant, St. Paul Fire & Marine Insurance Company, Movant-Appellee. John Michael McGow, Plaintiff-Appellee, v. Billy Joe McCurry, Defendant, Auto Club Insurance Group of Michigan, Movant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 14, 2005.

Attorney(s) appearing for the Case

Sean L. Hynes, R. Chris Harrison, Downey & Cleveland, LLP, Marietta, GA, Alexander Gordon, Fain, Major, Wiley & Brennan, Atlanta, GA, for Allstate Indemnity Co. and Auto Club Ins. Group of Mich.

Alexander H. Booth, Sullivan, Hall, Booth & Smith, P.C., Beth W. Kanik, Hall, Booth, Smith & Slover, P.C., Atlanta, for St. Paul Fire & Marine Ins. Co. and McGow.

Before ANDERSON, HULL and RONEY, Circuit Judges.

HULL, Circuit Judge:

In this appeal, three insurance companies — St. Paul Fire & Marine Insurance Company ("St. Paul"), Auto Club Insurance Group of Michigan ("Auto Club"), and Allstate Indemnity Company ("Allstate") — dispute which of them bears primary uninsured motorist ("UM") coverage responsibility for an automobile accident in which Plaintiff John Michael McGow ("McGow") was injured by an uninsured motorist. Applying Georgia law to interpret...

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